LEGAL STATUS of JOURNALISM

LEGAL STATUS of  JOURNALISM

  

Journalists around the world often write about the governments in their nations, and those governments have widely varying policies and practices towards journalists, which control what they can research and write, and what press organizations can publish. Many Western governments guarantee the freedom of the press, and do relatively little to restrict press rights and freedoms, while other nations severely restrict what journalists can research and/or publish.

Journalists in many nations have enjoyed some privileges not enjoyed by members of the general publlic, including better access to public events, crime scenes and press conferences, and to extended interviews with public officials, celebrities and others in the public eye. These privileges are available because of the perceived power of the press to turn public opinion for or against governments, their officials and policies, as well as the perception that the press often represents their consumers. These privileges extend from the legal rights of journalists but are not guaranteed by those rights. Sometimes government officials may attempt to punish individual journalists who irk them by denying them some of these privileges extended to other journalists.

Nations or jurisdictions that formally license journalists may confer special privileges and responsibilities along with those licenses, but in the United States the tradition of an independent press has avoided any imposition of government-controlled examinations or licensing. Some of the states have explicit shield laws that protect journalists from some forms of government inquiry, but those statutes' definitions of "journalist" were often based on access to printing presses and broadcast towers. A national shield law has been proposed.

In some nations, journalists are directly employed, controlled or censored by their governments. In other nations, governments who may claim to guarantee press rights actually intimidate journalists with threats of arrest, destruction or seizure of property (especially the means of production and dissemination of news content), torture or murder.

Journalists who elect to cover conflicts, whether wars between nations or insurgencies within nations, often give up expectation to protection by government, if not giving up their rights to protection by government. Journalists who are captured or detained during a conflict are expected to be treated as civilians and to be released to their national government.

Rights of journalists versus those of private citizens and organizations

Journalists enjoy similar powers and privileges as private citizens and organizations. The power of journalists over private citizens is limited by the citizen's rights to privacy. Many who seek favorable representation in the press (celebrities, for example) do grant journalists greater access than others enjoy. The right to privacy of a private citizen may be reduced or lost if the citizen is thrust into the public eye, either by their own actions or because they are involved in a public event or incident.

Citizens and private organizations can refuse to deal with some or all journalists; the powers the press enjoy in many nations often make this tactic ineffective or counter-productive.

Citizens in most nations also enjoy the right against being libeled or defamed by journalists, and citizens can bring suit against journalists who they claim have published damaging untruths about them with malicious disregard for the truth. Libel or defamation lawsuits can also become conflicts between the journalists' rights to publish versus the private citizen's right to privacy. Some journalists have claimed lawsuits brought against them and news organizations — or even the threat of such a lawsuit — were intended to stifle their voices with the threat of expensive legal procedings, even if plaintiffs cannot prove their cases. This is referred to as the Chilling effect.

In many nations, journalists and news organizations must function under similar threat of retaliation from private individuals or organizations as from governments. Criminals and criminal organizations, political parties, some zealous religious organizations, and even mobs of people have been known to punish journalists who speak or write about them in ways they do not like. Punishments can include threats, physical damage to property, assault, torture and murder.

Right to protect confidentiality of sources

Journalists' interaction with sources sometimes involves confidentiality, an extension of freedom of the press giving journalists a legal protection to keep the identity of a source private even when demanded by police or prosecutors; withholding sources can land journalists in contempt of court, or jailtime.

The scope of rights granted journalists varies from nation to nation; in the United Kingdom, for example, the government has had more legal rights to protect what it considers sensitive information, and to force journalists to reveal the sources of leaked information, than the United States. Other nations, particularly Zimbabwe and the People's Republic of China, have a reputation of persecuting journalists, both domestic and foreign.

In the present decade in the U.S., despite a long tradition of a journalist's ability to protect sources from government inquiry, the Supreme Court has upheld lower federal court rulings that restrict to varying degrees the rights of journalists to withhold information, and prosecutors on the state and federal levels have sought to jail journalists who refuse demands for information and sources they seek to protect.

Right of access to government information

Like sources, journalists depend on the rights granted by government to the public and, by extension, to the press, for access to information held by the government. These rights also vary from nation to nation (see Freedom of information legislation) and, in the United States, from state to state. Some states have more open policies for making information available, and some states have acted in the last decade to broaden those rights. New Jersey, for example, has updated and broadened its Sunshine Law to better define what kinds of government documents can be withheld from public inquiry.

In the United States, the Freedom of Information Act (FOIA) guarantees journalists the right to obtain copies of government documents, although the government has the right to redact, or black out, information from documents in those copies that FOIA allows them to withhold. Other federal legislation also controls access to information .

NAME   : AYU SEPTIANI

NPM      : 19610233

CLASS    : 3SA01

 General Resources :  http://journalism.wikia.com/wiki/Legal_status